(a)

on the advice and with the consent of the Executive Council; and

(b)

in relation to regulations 26C to 26E of the principal regulations (as inserted by regulation 9 of these regulations), on the recommendation of the Minister of Veterans’ Affairs given in accordance with section 269 of the Veterans’ Support Act 2014.

9 Part 3 heading replaced

Part 2A Regulations relating to Part 4 of Act

Accepted late-onset conditions

26A Accepted late-onset conditions

The conditions specified in Schedule 2A are accepted late-onset conditions for the purposes of the definition of accepted late-onset condition in section 7 of the Act.

Transport costs for treatment

26B Transport costs associated with treatment

(1)

This regulation specifies the extent to which VANZ is responsible, under section 88(1) of the Act, for paying the costs of transport the veteran reasonably requires in order to receive treatment that VANZ is responsible for paying or contributing to the cost of.

(2)

VANZ must pay the veteran—

(a)

any fares paid for public transport for a journey:

(b)

for a journey in a private vehicle, $0.62 for each kilometre for the first 200 kilometres of the journey:

(c)

if VANZ approves the following costs for a journey before the veteran undertakes the journey:

(i)

the cost of any air fares paid for the journey:

(ii)

any other costs of transport for the journey.

(3)

In subclause (2), journey—

(a)

means a journey from a veteran’s residence to the most appropriate place of treatment (as determined by VANZ) by the most direct route and the return journey from that place (if the veteran makes a return journey); but

(b)

does not include any international part of a journey described in paragraph (a).

(4)

If the veteran is entitled to be paid the costs of transport by the Accident Compensation Corporation (ACC) for a journey and the amount that is payable by VANZ to the veteran under subclause (2) for the journey is greater than the amount the veteran is entitled to be paid by ACC, the amount that VANZ must pay to the veteran is limited to the difference between the costs of transport payable under subclause (2) and the amount payable by ACC.

Lump sum payment in place of independence allowance

26C Lump sum payment in place of independence allowance

(1)

This regulation specifies the amount of the lump sum payment that a veteran may elect to receive in place of weekly payments of the independence allowance to which the veteran is entitled under section 96 of the Act.

(2)

The veteran may elect to receive in place of weekly payments, over a period of 52 weeks (the lump sum period), an amount calculated in accordance with the formula in subclause (3).

(3)

The formula is—

a × 51.6075

where a is the weekly rate of independence allowance to which the veteran is entitled at the time of the election to receive a lump sum payment.

(4)

An election to receive a lump sum payment under this regulation must be in writing.

(5)

The lump sum period begins on the date on which the veteran would have received payment of the independence allowance if the veteran had not made the election.

A veteran who has received a lump sum payment is entitled to an additional amount calculated in accordance with the formula in subclause (2) if, during the lump sum period, the veteran’s whole-person impairment increases with the effect that he or she would have been entitled to a higher weekly rate of independence allowance if he or she had not elected to receive the lump sum payment.

(2)

The formula is—

[2 × (a − b)] × (1 − 1.000562(−0.5 × c)) ÷ 0.000562

where—

a

is the weekly rate of independence allowance to which the veteran would have been entitled immediately after the increase in the person’s whole-person impairment if he or she had not elected to receive the lump sum payment

b

is the weekly rate of independence allowance to which the veteran would have been entitled immediately before the increase in the person’s whole-person impairment if he or she had not elected to receive the lump sum payment

c

is the number of full weeks remaining in the lump sum period.

(3)

To avoid doubt,—

(a)

an increase in whole-person impairment has the effect of increasing the independence allowance payable to a veteran only if the increase is caused by a service-related injury or illness that occurred in the period beginning on 1 April 1974 and ending on the close of 31 March 2002 (see section 96(1) of the Act):

(b)

a veteran is under no obligation to repay VANZ any amount if, during the lump sum period, his or her whole-person impairment decreases.

Lump sum compensation for permanent impairment

26E Lump sum compensation for permanent impairment

(1)

The amount of lump sum compensation for permanent impairment payable to a veteran under section 98 and clause 45 of Schedule 2 of the Act must be determined according to the level of the veteran’s whole-person impairment.

(2)

The amounts of lump sum compensation for permanent impairment that are payable for each level of whole-person impairment are set out in Schedule 2B.

(3)

A veteran’s level of whole-person impairment in the first column of Schedule 2B is to be determined in accordance with the American Medical Association Guides to the Evaluation of Permanent Impairment (4th ed).

Part 3 Regulations relating to Part 5 of Act

Veterans’ independence programme

26F Assessment of need

(1)

For the purpose of determining the services and support to be provided to a veteran, VANZ must assess the extent of the veteran’s ability to undertake activities that are required in order for the veteran to live independently in his or her home.

(2)

If VANZ reasonably considers it is necessary in order to make the assessment referred to in subclause (1), VANZ may require the veteran to undergo an assessment in person (at VANZ’s cost).

(3)

VANZ must make the assessment described in subclause (1)—

(a)

on receiving an application from the veteran in accordance with section 142 of the Act:

(b)

if the application is accepted, once in every year after the application is accepted.

(4)

If a person assessing a veteran under subclause (2) reasonably considers that the veteran’s ability to undertake activities that are required in order for the veteran to live independently in his or her home is likely to change within the following year, VANZ may make the assessment described in subclause (1) more frequently than once in every year.

26G Services and support provided by others

VANZ is not required to provide to a veteran under the veterans’ independence programme any services or support that the veteran receives from any other person or agency.

44A Transport costs associated with assessment

(1)

VANZ must pay a veteran’s or other claimant’s transport costs under this regulation if the veteran or other claimant is required to undergo a medical assessment in accordance with section 221(3) of the Act.

(2)

VANZ must pay the veteran or other claimant—

(a)

any fares paid for public transport for a journey:

(b)

for a journey in a private vehicle, $0.62 for each kilometre for the first 200 kilometres of the journey:

(c)

if VANZ approves payment for air fares for a journey before the veteran or other claimant undertakes the journey, any air fares paid for the journey.

(3)

In subclause (2), journey—

(a)

means a journey from a veteran’s or other claimant’s residence to the place of assessment by the most direct route and the return journey from that place (if the veteran or other claimant makes a return journey); but

(b)

does not include any international part of a journey described in paragraph (a).

12 Part 8 replaced

Part 8 Regulations relating to Schedule 2 of Act

Weekly compensation

71 Indexation of weekly compensation applies from date of indexation

Weekly compensation payable under section 100 of the Act must be adjusted in accordance with the formula set out in regulation 15A.

(2)

Adjustments made under regulation 15A apply only to weekly compensation—

(a)

that is paid or payable on or after the date of indexation; and

(b)

that relates to a period of incapacity for which the veteran is entitled to weekly compensation that occurs on or after the date of indexation.

(3)

Despite subclause (2), adjustments made under this regulation may be made to weekly compensation that relates to a period that occurs on or after the date that is 6 days earlier than the date of indexation.

Abatement of weekly compensation

72 Procedure for adjustments where weekly compensation subject to abatement

(1)

The adjustment under regulation 15A of weekly compensation that must be abated under clause 44 of Schedule 2 of the Act is determined by—

(a)

adjusting the appropriate unabated amount of weekly compensation in accordance with subclause (2); and

(b)

adjusting the amount of a person’s weekly earnings, as referred to in clause 44 of Schedule 2 of the Act, in accordance with subclause (3); and

(c)

applying clause 44 of Schedule 2 of the Act in accordance with subclause (4).

First adjustment

(2)

The amount of weekly compensation to which a veteran would be entitled but for an abatement under clause 44 of Schedule 2 of the Act must be adjusted in accordance with the formula set out in regulation 15A.

Second adjustment

(3)

The amount of the veteran’s weekly earnings must be adjusted at the date of indexation in accordance with the formula set out in regulation 15A.

Third adjustment

(4)

The amount of abated weekly compensation payable must be calculated in accordance with clause 44 of Schedule 2 of the Act, using the amounts as adjusted by subclauses (2) and (3).

Child care payments

73 Weekly entitlement to child care payments

(1)

This regulation specifies the amount of the weekly entitlement to payment for child care that is payable under clause 64 of Schedule 2 of the Act.

(2)

The weekly entitlement to payment for child care per child is as follows:

(a)

if the number of children of a deceased veteran entitled to payment for child care is 1, $164.72:

(b)

if the number of children of a deceased veteran entitled to payment for child care is 2, $98.82:

(c)

if the number of children of a deceased veteran entitled to payment for child care is 3 or more, $230.62 divided by the number of children of the veteran for whom payment is being made.

Part 9 Miscellaneous provisions

Allowances and annuity payable under Part 1 of Schedule 1 of Act

74 Allowances and annuity payable under Part 1 of Schedule 1 of Act

(1)

This regulation applies to the allowances and the annuity that are described in the first column of Schedule 3 and that are payable in accordance with Part 1 of Schedule 1 of the Act.

(2)

For the purposes of Schedule 1 of the Act, the amount or maximum rate of an allowance or annuity to which this regulation applies is the amount or maximum rate specified in the second column alongside the description of the allowance or annuity.

13 New Schedules 2A and 2B inserted

After Schedule 2, insert the Schedules 2A and 2B set out in the Schedule of these regulations.

Explanatory note

This note is not part of the regulations, but is intended to indicate their general effect.

These regulations, which come into force on 7 December 2015, amend the Veterans’ Support Regulations 2014 (the principal regulations). The principal regulations implemented the provisions of the Veterans’ Support Act 2014 (the Act) that came into force on 7 December 2014. These regulations implement the remaining provisions of the Act, which come into force on 7 December 2015.

In summary, these regulations relate to—

the annual indexation of certain amounts to reflect increases in the Labour Cost Index (Salary and Wage rates) (including overtime) published by Statistics New Zealand (new regulation 15A):

the annual indexation of certain entitlements to reflect increases in the Consumers Price Index (All Groups) published by Statistics New Zealand (new regulation 16A):

the conditions specified for the purposes of the definition of accepted late-onset condition in section 7 of the Act (new regulation 26A):

the payment of veterans’ costs of transport in getting to and from treatment under section 88 of the Act (new regulation 26B):

the ability of veterans entitled to the independence allowance to elect in accordance with section 96 of the Act to receive a lump sum payment in place of weekly payments of the independence allowance (new regulations 26C and 26D):

the amount of lump sum compensation for permanent impairment payable under section 98 and Part 3 of Schedule 2 of the Act (new regulation 26E):

the veterans’ independence programme administered by Veterans’ Affairs New Zealand under subpart 4 of Part 5 of the Act (new regulations 26F and 26G):

the prescribed amount for the purposes of section 157(1)﻿(b) of the Act (new regulation 41A):

the payment of veterans’ costs incurred in travelling to or from a medical assessment required under section 221(3) of the Act (new regulation 44A):

the indexation and abatement of weekly compensation payable under Part 2 of Schedule 2 of the Act (new regulations 71 and 72):

the amount of the weekly entitlement to payment for child care payable under clause 64 of Schedule 2 of the Act (new regulation 73).

These regulations also relocate an existing provision of the principal regulations (existing regulation 70A is relocated to new regulation 74).

Regulatory impact statement

Veterans’ Affairs New Zealand produced a regulatory impact statement on 12 August 2015 to help inform the decisions taken by the Government relating to the contents of this instrument.